The Agreement on the Application of

Sanitary and Phytosanitary Measures

Rolando Alcala

Agriculture and Commodities Division

World Trade Organization

BSE

Bird Flu

SARS

MRL

Plant Pests

2

The right to

protect

human, animal

or plant life or

health

Avoiding

unnecessary

barriers to trade

Agreement on the Application of

Sanitary and Phytosanitary

Measures

SPS Measures Definition - Annex A

Human or risks arising from additives,

animal health contaminants, toxins or disease

organisms in food, drink, feedstuff

A measure taken to protect:

Human life plant- or animal-carried diseases

Animal or pests, diseases, disease-causing

plant life organisms

A country other damage caused by entry,

establishment or spread of pests

from

from

from

from

Scientific justification Articles 3 & 5

Risk assessment OR

Measures must be based on:

International standards

Standard-setting

organizations

food safety

CODEX plant health

IPPC animal health

OIE

Codex = Joint FAO/WHO Codex Alimentarius Commission

OIE = World Organisation for Animal Health

IPPC = International Plant Protection Convention (FAO)

Scientific justification Harmonization Article 3

Scientific justification Exception: Provisional measures Article 5.7

Members may provisionally adopt SPS measures

when relevant scientific information is insufficient

on the basis of available information

In such circumstances, Members shall

seek to obtain additional information to assess risk

review the measure within a reasonable period of time

Equivalence

Article 4

Members shall

accept SPS measures of

other Members as equivalent

If the exporting country objectively

demonstrates that its measures achieve the

ALOP of the importing country

Pest- or disease-free areas Article 6

(Regionalization)

Members shall ensure that their SPS measures

are adapted o the SPS characteristics of an

“area”

all of a country part of a country all or parts of

several countries

Control, Inspection and Approval Procedures Article 8 and Annex C

• No undue delays

• Information requirements: limited to what is

necessary

• No less favourable treatment for imports:

– Fees – no discrimination, only to cover costs

– Siting of facilities

• If positive list approach used for food additives,

use international standard until a determination is

made

Key Provisions of the SPS Agreement

1. Non-discrimination

2. Scientific justification

• harmonization

• risk assessment

• consistency

• least trade-restrictiveness

3. Equivalence

4. Regionalization

5. Transparency

6. Technical assistance/special treatment

7. Control, inspection and approval procedures

The SPS Committee:

What does it do?

• Implementation of SPS Agreement

• Reviews compliance

• Potential trade impacts

• Co-operation with technical organizations

SPS Committee: Who is on it?

• All 159 WTO Members

• Observer governments (acceding members)

• Intergovernmental organizations

4 new WTO Members in 2012:

Montenegro (April), Russia (Aug.),

Samoa (May) and Vanuatu (Aug.)

2 new WTO Members in 2013:

Lao PDR (Feb) and Tajikistan

(March).

SPS Committee Meetings

• 3 regular meetings per year

often preceded by informal meetings to discuss

specific topics (S&D, Third review, Private

Standards, Ad Hoc consultations, etc... )

• Special meetings/workshops

for example on transparency-enquiry points,

SPS coordination, etc.

SPS Committee: How to address SPS-related

Trade Problems

• Restrain trade to protect health

• Measures based on scientific principles (international standards or risk assessment)

• Non-discriminatory

• No disguised restrictions

Remember: Conditions under which a SPS

Measure can be taken:

What series of questions should an

exporting country ask when

experiencing a SPS trade concern with

a trading partner?

Exports impaired due to a SPS measure

Verify if international standards exist

Verify if SPS measure is based on the international standard

Request explanation of reasons

Art. 5.8

Verify if risk assessment complies with the SPS Agreement

Seek ways to solve the problem: bilateral consultations; Specific Trade Concerns; Dispute Settlement; etc.

YES

No

No

Risk assessment exists

YES

Seek Technical Assistance

YES

YES

Yes No

No

Ways to Address SPS Trade Concerns

3. Good Offices by the Chair of the SPS Committee

4. WTO Dispute Settlement System

1. Bilateral and/or Regional Efforts

2. SPS Committee – Specific Trade Concerns

1. Bilateral and/or Regional Efforts

Suggested Actions:

• Contact Enquiry Point

• Informal discussions on the margins of the SPS

Committee meetings

• Request information through diplomatic channels

21

Ways to Address SPS Trade Concerns

1. Bilateral and/or Regional Efforts

2. SPS Committee – Specific Trade Concerns

3. Good Offices by the Chair of the SPS Committee

4. WTO Dispute Settlement System

2. SPS Committee – STCs

Suggested Actions:

• Consult previous Specific Trade Concerns (STCs)

• Communicate intention to raise an STC

―At least 11 calendar days before the meeting

― In writing

― Inform the other Member concerned

• Seek support from other interested Members

• Present the STC at the SPS Committee Meeting

23

Ways to Address SPS Trade Concerns

1. Bilateral and/or Regional Efforts

2. SPS Committee – Specific Trade Concerns

3. Good Offices by the Chair of the SPS Committee

4. WTO Dispute Settlement System

3. Good Offices -

Chair of the SPS Committee

Article 12.2

“The Committee shall encourage and facilitate ad hoc consultations or negotiations among Members on specific sanitary or phytosanitary issues. [...]”

Procedure currently under discussion in the SPS Committee

(G/SPS/W/259/Rev.7)

Ways to Address SPS Trade Concerns

1. Bilateral and/or Regional Efforts

2. SPS Committee – Specific Trade Concerns

3. Good Offices by the Chair of the SPS Committee

4. WTO Dispute Settlement System

4. WTO Dispute Settlement System

What is a WTO dispute ?

• Arises when a Member believes another is

violating an agreement or commitment made

• Only involves governments

• Not a WTO dispute until the Member notifies

WTO Secretariat that a dispute exists

Implementation & monitoring role

of the SPS Committee

(not raised formally)

Raised in SPS Committee 368 “STCs”

(end 2013)

Dispute(s) 10 (+ 2 on-going)

Disputes

≈ 16,000

“SPS notifications”

(end 2013) Request clarification from Enquiry Point

Bilateral consultations

Request formal consultations

Specific Trade Concerns by Subject (1995-2012)

Animal Health 40%

Food Safety 30%

Plant Health 24%

Other 6%

G/SPS/GEN/204/Rev.13

Top 10 Members Maintaining Measures Complained Against Member Number of STCs

European Union 67

United States 40

Japan 27

China 20

Australia 16

Brazil 14

Indonesia 13

Korea, Republic of 12

Canada 11

Mexico 11

As of 4 March 2013

Top 10 Members Raising Specific

Trade Concerns

Member Number of STCs

United States 80

European Union 71

Argentina 39

China 28

Brazil 25

Canada 24

India 13

Australia 9

Thailand 9

Chile 8

As of 4 March 2013

STCs – Examples

MEASURE RAISIN

G

AGAINST SUPPORTI

NG

FIRST DATE

RAISED

Import procedures for

fruits and vegetables

EU USA Argentina 01/06/2005

Restrictions on poultry

and poultry products

because of avian

influenza

Chile Albania,

Croatia

USA 20/10/2010

Restrictions on table

grapes, apples and

pears

South

Africa

Thailand Senegal 19/10/2011

Import restrictions on

beef due to BSE

Brazil China 16/10/2013

Import restrictions on

fishery products due to

nuclear contamination

Japan Korea 16/10/2013

Where to get more information?

SPS gateway

http://www.wto.org/sps

Dispute settlement gateway

http://www.wto.org/english/tratop_e/dispu_e.htm

rolando.alcala@wto.org